Who is responsible for the fire when the battery car stops at school?

1. If the owner of the electric bicycle is improperly managed and catches fire in the corridor and other rooms, causing casualties and property losses, the manager shall be liable for compensation, which may seriously lead to the owner being sentenced to the stake.

According to Article 115 of the Criminal Law of People's Republic of China (PRC), "Whoever sets fire, breaks water, explodes, releases toxic, radioactive, infectious disease pathogens and other substances, or causes serious injuries, deaths or heavy losses to public or private property by other dangerous means, shall be sentenced to fixed-term imprisonment of more than 10 years, life imprisonment or death. Whoever negligently commits the crime mentioned in the preceding paragraph shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; If the circumstances are minor, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention. " The crime of misfire is a negligent crime in the concept of criminal law, including negligence, that is, the actor should have foreseen the possible social consequences of his actions, but failed to foresee them due to negligence, resulting in harmful consequences. Now all communities will clearly stipulate that electric bicycles are prohibited from being parked in the corridor for charging, and will also publicize the possible harm caused by electric bicycles parked indoors. Therefore, the owners of electric bicycles should foresee the harm caused by the storage of electric bicycles in corridors and other rooms, and if they still insist on parking, they should be responsible for the consequences caused by the fire of electric bicycles.

According to Article 102 of the Civil Law of People's Republic of China (PRC), "Natural persons have the right to life. The life safety and dignity of natural persons are protected by law. No organization or individual may infringe upon the right to life of others. " And the provisions of Article 165: "If the actor infringes on the civil rights and interests of others through fault and causes damage, he shall bear the tort liability." If the electric bicycle is charged indoors, resulting in explosion and fire, resulting in damage to the life and health of a third person, property loss and public interest loss, the owner and manager of the electric bicycle shall bear the tort liability.

Ding and Mou Yang are on fire. On April 6, 20 18, Yang and Ding rode their electric bicycles to a building in a residential area in huqiu district, Suzhou, parked their electric bicycles at the stairs of the building 1 unit, charged them and returned to XXX room to have a rest. At 22: 05 on the same day, the car caught fire, causing a fire, killing 4 people and injuring 3 people to varying degrees. The court held that the defendants Yang and Ding caused a fire due to negligence, resulting in four deaths, all of which constituted the crime of fire failure. In the end, Yang and Ding were sentenced to three years' imprisonment, suspended for three years, and bear the medical expenses and other losses of the injured.

According to the above-mentioned laws, regulations and precedents, in the recent fire incidents of electric bicycle elevators in Chengdu and Hefei and the fire incidents of electric bicycles in Chaoyang District of Beijing, the owners of electric bicycles should bear the losses caused to others, and may also be sentenced to the stake and investigated for criminal responsibility.

Two, the property service company shall bear the management responsibility, timely investigation and removal of indoor electric bicycles, otherwise it may be responsible for the loss caused by the explosion and fire of electric bicycles.

Many provinces and cities have issued regulations prohibiting electric bicycles from entering the house. For example, the Beijing Fire and Rescue Corps issued the Emergency Notice on Further Strengthening the Management of Electric Bicycles and Fire Prevention and Control (hereinafter referred to as the Notice), which put forward requirements for street offices, property service enterprises and relevant departments to investigate and put an end to electric bicycles entering homes. The notice specifically pointed out that property service enterprises and property management units should organize property management personnel, security guards, cleaning staff, etc. Check every day and night to stop illegal charging and parking, and move out of the building in time. The safety management department is responsible for the illegal charging and parking of electric bicycles. It can be seen that it has become one of the basic obligations of the property service company to check and move the electric bicycle out of the room. If the property service company fails to fulfill its security obligations, according to most property service contracts, the property service company may assume supplementary responsibilities for the losses caused by the fire and explosion of electric bicycles.

On the other hand, according to the provisions of Article 18, Article 28 and Article 29 of the Fire Protection Law of People's Republic of China (PRC), residential property service enterprises should maintain the fire-fighting facilities used by * * * in the management area and provide fire safety prevention services. No unit or individual may damage, misappropriate or dismantle or stop fire control facilities and equipment without authorization, bury, occupy or block fire hydrants or occupy fire prevention spaces, occupy, block or close evacuation passages, safety exits and fire truck passages. Doors and windows in crowded places shall not be equipped with obstacles that affect escape and fire fighting and rescue. The unit responsible for the maintenance and management of public fire control facilities shall keep public fire control facilities such as fire water supply, fire communication and fire truck passage intact and effective. It can be seen that the fire safety prevention obligation of the property service company is not only based on the agreed obligation of the property service contract, but also based on the legal obligation of People's Republic of China (PRC) Fire Protection Law and related laws and regulations. Therefore, while eliminating the hidden dangers of electric bicycles, property service enterprises should also ensure the normal use of fire-fighting facilities and the normal passage of fire exits.

Third, the property service company should cooperate with the local subdistrict offices and township people's governments to implement specific rectification measures. For individual units and individuals who do not cooperate with management, the property service company should report to the community neighborhood committees, subdistrict offices and township people's governments in a timely manner, requiring relevant departments with administrative punishment rights to severely investigate and deal with them according to law.

In practice, there must be some units and individuals who do not cooperate with the management of property service companies. Because the property service company has no power of administrative punishment, it cannot take compulsory measures. According to the provisions of the Notice, to strengthen supervision and law enforcement, it is necessary to use the mechanism of "whistling in the street and reporting by departments" to integrate supervision forces such as emergency, public security, fire protection, urban management, housing management and market supervision, and conduct joint inspections on a regular basis to form a joint force of supervision. For units and individuals that do not cooperate with the management, the property service company shall timely record and report to the community neighborhood committees, sub-district offices and township people's governments, and the relevant departments shall take administrative and legal measures after investigation, and severely investigate and deal with them according to laws and regulations. In addition, property service enterprises should cooperate with community neighborhood committees, neighborhood offices and township people's governments to carry out extensive publicity, guidance and warning education. At the same time, it is necessary to strengthen publicity and training and emergency evacuation drills to enhance residents' ability to escape and save themselves.

To sum up, the owners and managers of electric bicycles must park their electric bicycles outdoors to charge them, and strictly manage them. Otherwise, in case of fire or explosion, it will cause serious damage to the lives, health and property of others, and the owners and managers will not only be liable for civil compensation, but also may be involved in criminal offences.

On the other hand, residential property service enterprises, owners' autonomous organizations, community neighborhood committees, neighborhood offices and township people's governments should also organize the inspection and management of electric bicycles in time. Property service enterprises should fully cooperate with neighborhood offices, township people's governments and other relevant departments, promptly report uncooperative units and individuals to avoid accidents. If the property service company fails to fulfill its security obligations, it is likely to take supplementary responsibility for the losses caused by the explosion and fire of electric bicycles.

2018165438+17 October, the electric car being charged in the corridor of a residential area in Tieling, Liaoning Province caught fire and exploded. Passing mothers protected their children with their bodies, but they all died unfortunately.

On May 20th, 20 19, an electric car fire broke out in Guandu District, Kunming, causing 2 deaths and 2 injuries. The landlord and the owner of the electric car were detained on suspicion of fire.

20021May 10, a battery car caught fire and exploded in the elevator in chenghua district, Chengdu, and all five people in the elevator were injured, including a five-month-old baby.

2021May 10, an electric vehicle battery exploded in the freight elevator of Hefei Aviation New Town Community. Fortunately, another man responded promptly and opened the elevator door in time, and no casualties occurred.

2021May 17, an electric car caught fire in Chaoyang District, Beijing, and the whole floor caught fire. Fortunately, there were no casualties.

Although the electric bicycle is small, if the management method is incorrect, once a safety accident is caused, the owner and management personnel will be investigated for legal responsibility, and the most serious will be subject to criminal punishment. Property service companies should also fulfill their management obligations, which will be discussed separately below.